Loading...
LS83-05 10 • CITY OF FRIDLEY, SUBJECT LOT SPLIT LS f g3 6431 UMVCRSITr AVE. NB. FRIMay. mm. 654%3e 661zk5"-a"5e RECORDED: ADDRESS: 51� )'---C ��_ sir a.. QATE: .z JP= PLANNING COWISSION: APPROVED DISAPPROVED DATE NO________ CITY COUNCIL: APPROVED DISAPPROVED LATE — NO PARK FEE REQUIRED: AMOUNT PAID STIPULATIONS: NAME S:AY / =J,� L 1' FEE RECEI PT NO o / PROPERTY OWNER(S) %h 11/� <_ ei lli l 6 a 619 '�y­7-7o-z, TELEPHC NE NO >'7 r�s TELEPH NE NO ADDRESS(ES)_ �� �'� I f' r'r`L;".r- PROPERTY LOCATION ON STREET 5'/f ea--w. LEGAL DESCRIPTION OF PROPERTY La �-J 2 �' 9 u-�+d :? 0j 1y L.d<« �r ��tip•,r L 1,1 TOTAL AREA OF PROPERTY PRESENT ZONING je' 3 REASON FOR LOT SPLIT ?"e h�• i L�• /� U11-1 t f fur- The undersigned hereby declares that all the facts and representa ions stated in this application are true and correct. PIP DATE: D — /,SIGNATURE \ NOTICE: A sketch of the property and the p posed lot it with any existing struc- tures shown should accompany this application. (See reverse side for additional instructions) LOT SPLIT APPLICATION PROCEDURE • 1. Obtain application form at City Hall (6431 University Avenue N.E., Fridley). 2. Return completed application form with the required sketch of the property Involved and the lot split fee of $75.00 for each original lot being split. 3. The application will be checked over by Staff and the owner may be required to submit a Certificate of Survey containing a simple description of a part Of a platted lot or registered lot, along with the new parcels created with all existing structures tied in. 4. The application will then be submitted to the Planning Commission for their recommendation. The Planning Commission meets on the Wednesday following the City Council meeting, which is generally the first and third Wednesdays of the month. 5. The recommendations of the Planning Commission are submitted to the City Council for final action. If a Certificate of Survey wasn't required before, it will be required for this meeting. The City Council meets on the first and third Mondays of the month. 6. The City Council approval may be subject to certain stipulations which must be complied with by the applicant. 7. A letter will be sent to the applicant to notify him of the Council action and to advise him to comply with the conditions imposed by the City. The letter will also contain any necessary deeds for easements and other pertinent papers for his signature. 8. When all the conditions of the lot split have been complied with, the applicant should file the lot split in Anoka County. 9. In all cases where Council action has been sought and denied, no petition for identical action can be presented until a period of six months has elapsed. NOTE: THE RESULTING REAL ESTATE TAXES AND SPECIAL ASSESSMENTS FOR THE NEW PARCELS IN TOTAL AFTER THE LOT SPLIT MAY EXCEED THE AMOUNT ASSESSED TO THE ORIGINAL PARCEL. THE FINANCE DEPARTMENT OF FRIDLEY MAY BE ABLE TO PROVIDE THE ESTIMATED AMOUNT OF ADDITIONAL TAXES OR ASSESSMENTS. COIMSTOCK & DAVIS, INC. CONSULTING ENGINEERS & LAND SURVEYORS 1446 COUNTY RD.J(85th AVE.N.E.) MINNEAPOLIS,MINNESOTA 55432 TEL.:612-784-9346 Description of proposed right-of-way turn back by the City of Fridley to Star Homes. All that part of Lots 29 and 30, Block 11, Hamilton's Addition To Mechanicsville, Anoka County, Minnesota, according to the recorded plat thereof, taken for highway purposes, described as follows: Commencing at the northeast corner of said Lot 30; thence South 89 degrees 50 minutes 57 seconds West, assuming the south line of Lot 28 of said Block 11 bears West, along the north line of said Lot 30 a distance of 65.10feet to the existing southerly right-of-way line of said highway and the point of beginning of the land to be described; thence South 53 degrees 48 minutes 11 seconds West along said right-of-way line a distance of 67.03 feet; thence South 19 degrees 59 minutes 07 seconds West continuing along said right-of-way line a distance of 26.02 feet to a point on the west line of said Lot 29, thence North l degree 3, minutes 38 seconds West along the northerly extension of the west line of said Lot 29 a distance of 39.60 feet; thence North 42 degrees 50 minutes 16 seconds East a distance of 17.00 feet; thence North 66 degrees 34 minutes 31 seconds East a distance of 30.00 feet to a point on the westerly extension of the orth line of said Lot 30; thence North 89 degrees 50 minutes 57 seconds East along said westerly extension a distance of 25.00 feet to the point of beginning. Containing 1,202.7 square feet. ® A9 67 J) WV0,000 V ►� . J (Jj/j 19 1 k • �J Yn Q Q C /7 Y'r` nf. ✓ I `ee N01Ic K nN Ct011 �Yr ... ' - [' vS:S� .,... .,:.:a �li.,.e... a,t..... ,• .t 7.. •1... .. .,. .•...n..!.nn..na �` 1� nr ti rl U � Cortifica,te of 5urvey Por —_--9T,4---- I NTERSTA TE GJ4 A. gyp, I, X yea `� GAR�tGf r�Ga�'Gcr - d /•. 22.0 i /22.0 s QQ•0./ 22A i ` Sys PROPOSEDLOI,4�: BUI Nr 1.0 22.0 ..14 22.e. ti Lr -.9 -Q lav C.,s�-kCAIrx 6' h� Gr�aAGE m �\.�y�. x - \�hti 130.00 Scale^_;��h {tet 1 sf floor E,rP��afiol7 856.,36 'qo r �lous� D�nofes ,rroo rn on u M eri f tp - TOW L AREA = 13; 935 r =— _- j &k 70l� lranf of 54A Rvenue 4 r Svreef l Jr C = 862.a62 ee rld.4y .4 � , q9 and YO, glac4v 1 � 4M cToni S RootTroN 70 MECHANIC sv1LCE , accordl fo The recorded p/af /hereo ExccpT fhaf parf faxen for hgh waf purposes. Subyec� o easements recorded or an re cordes! - 1 h...by fortify that this u a tru• and fume Ct r.pr.sentotlan of turvey of rhr boundarios of th• obvv% drs.rih.d lund,a sd of ph. tocot,on a1 X11 hu.ldin�s, thrr.on, and all v.ssble encroachments, if uny, from w an S-id fund. As surv.y&J by m• thit_K•{tt day of—. A.D. 19 2 SUt�U���AJ�,IFNt31N�R,"ttAft:S3, 1�-!C� Nnt PuNishaO Au t+ ;flits ti,,veJ iv 5�iyi$ 11 Descriptions for L.S. #83-05 Lots 28, 29, 30, Block 11 , Hamilton's Addition to Mechanicsville "A" Lots 28, 29 & 30, Block 11 , Hamilton's Addition to Mechanicsville, except the easterly 73 feet and that part taken for highway purposes. "B" Lots 28, 29, & 30, Block 11 , Hamilton ' s Addition to Mechanicsville except the westerly 58 feet and easterly 51 feet and that part taken for highway purposes. "C" Lots 28, 29 and 30, Block 11 , Hamilton' s Addition to Mechanicsville, except the Westerly 80 feet and Easterly 29 feet. "D" Lots 28, 29 & 30, Block 11 , Hamilton' s Addition to Mechanicsville, except the westerly 102 feet. 50osio Ii 9 L v y M4 6��- b •3Vt1 �� - sr S69105b�2 `_ 21 suss ao` �` - • 14. r /9 5604 :0 AP / k � of 7 \'�' • . w—56T ) f 'lot . L.S. #83-05 A�/E.� ,r 5546 L de AT-ION SUC) df_ W 7 — T—�- - ---�— -- - --- / 4P • O.1 At Jt • SASS z = r - - %4)A ' 5 � % n = * So •- - - _ f 1i � u s v 15 s t i 2t 143 Ms rd Jvf a i - — — • 11 II Ii /. r i /1&7 24 S49 .'r Z X120 , /, /i • 5 � _ = - 6400 549 far }� Af ' - - 1` S of 5E1 o-- T = ~- •5,d , It h y k. S, TK AVE. - ,'�.. M.E. ' .w •. N • 1 7170 )i -_/ ,7I - v, _ ,53Ao • jS341 : 15* ` s41 S3�G Z WAs A�(2o+ S X70 b j �O ,I,.,,. Q S3 53 o- •53r� 53,�s S � .w,. z 2,f Suo 2A u33 �W = l ► �i r , e. . " !ri .t s i :. 5 .s 5007 CERTIFICATION OF STATUS OF SUBDIVISION OF LAND 0025 1. Property PIN No. 23, 30, 24, 34 0023 0024 Plat No. Parcel No. 2. Applicant S/-6,-4k ter Lf� • Tele. No. tea, cj 3. Type of Document: 0 Deeds D Contract for Deed 0 Other (Specify) 4. Date of Document 5. Grantor: Arl° 6. Grantee : /<' D 1Lq'1 ''^ -Y ° �' 7. Received by City Clerk of Fridley Date : 12/2p/83 Time : By: William S. Deblon 8. Action by City: Approved: Rejected : Date: 12/Z/83 Date : Time: Time : By: `y� �' L � �' y 4.1 S e 4 Lo y, By: (If approved - complete stamp on Document) 9. Reasons : (Cross out inappropriate words) a. Subdivision Regulations (do - do not) apply. b. Subdivision (approved - not approved) . (If approved - attach certified .copy of Resolution. ) c. Restrictions (waived - not waived) by Council. (If waived - attach a certified copy of Resolution. ) 10. Conditions Imposed: 0 Combination with PIN No. (Petit on of Owner show d be at ached. ) ® Others : (Specify) Record Declaration of Covenants, Conditi ns and Restrictions. NOTE: IF SUBDIVISION INVOLVES TORRENS LAND, CONTACT THE E INER OF TITLES AT COUNTY COURTHOUSE FOR FORM OF DESCRIPTION. (MINNESOTA STATUTES SECTION 508. 47) Fp ITY NE FRIDLEY, COMMISSION APPLIC TION MINNESOTA REVIEW isipn Number Rev age Ap wed by ESS COMPLETE EV1EW CHECKLIST FIL N,pA�QJi _ FAL REVIEWE �/ lJ J RETURN TO PLANNING ��/�� , ---' DUE TE .f COMMENTS p4h eeS i-epujre f r Darrel be ark deSC P�lprfo czs L-7f- y4 John49 Leong .•�MOIM�ei gIMO .^�•'?�� J��...rtr:... •S, u.r.��a•! _•-.�.'A 1111.• r►V,iw lt] _ t•yt, �.. .«�. }Iur.wr►V......y.�.l 1 rN+..1 mal•.••...�..,..f r.,,,,w� N�1,.►1 f.tl M.✓f. .. asi v;�7 Certificate of Survey for STA Q 90M19 IN TERS TA TE 694 . N�' ..:- = : — °`` tip' v �`.•_ . ..�:` -4�• '�---859 --..`_ 459. . .4�. /358 t o.64a1IG"E. � �� fir`. •� ;\ t �,' PROPOSED Bvi[olmgl / '11.9 Ito YP [Xt;T wa 0 5� `` \ G,ry�vt►c .Q 6R4"9 CE ti eti ,� Scale: inch_ et 130.00 -_-_ 1 c1 floor fl�evdbon 85 361 k% . t o* •q�o� >< flousc o."Denotes ironinonumerjl TpTAL AREA = 13, 935 • -� S. - a� rop dranf of 54A Rvenue 4rN S'1�ee / J El= 862. 62 reel ,J . th 12 -P wi Certificate of Survey for STA R y0 E5 INTERSTATE 694 a T�I �50 N � 5 IL �y ' b ---8;e------- 65.10— Olt.�' r o R 4a 1 I V1 /p 22.0 I 0 ` 2? . Z2 u Cal ai PROPOSED Bu/[OJNq I i .2 0 'LI. 0 �Jt � • M i I lG� � /�� �'� � ' Y L ti� a�■� ., Scale lrnch:�,Pet 130'00 — _ 1sf Floor f,lA'a�i0In 85 .36 gk% ,yojz o Oenofes lron monument tip To rA L ,ggcA : 13, 935 s7. tiyaranFaf 54�h Rver7ue 4TN SIoPEf 10'0CI - JSOM .11le It :p 0. Alnuna am rn rn Satz "i rn dalb 104 16 96AI .01,19 10 Ot SUPI .90-PI bcA 00 q .01 3.if,09.69N SgWOH HVIS P69 914IS89INI JO) 4!IdS 407 posodOJd Fy" CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 14, 1983 CALL TO ORDER: Chairwoman Schnabel called the September 14, 1983, Planning Commission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Ms. Schnabel , Mr. Al Gabel (for Mr. Oquist), Ms. Pat Gabel , Mr. Kondrick, Mr. Goodspeed, Mr. Saba, Mr. Svarda Members Absent: None Others Present: Bill Deblon, Associate Planner Ken Thornton, 5571 E. Bavarian Pass Steve Butgusaim, 6160 Kerry Lane APPROVAL OF AUGUST 24, 1983, PLANNING COMMISSION MINUTES: MOTION BY MR. KONDRICK, SECONDED BY MR. SVANDA, TO APPROVE THE AUGUST 24, 1983, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 . LOT SPLIT REQUEST - L.S. #83-05: By Michael O'Bannon, for Star Homes , Ltd. , o split URT-79—,, 29 and 30, Block 11 , Hamilton's Addition to Fridley Park, into four building sites so the four unit building can be under separate ownerships. (see complete legal in agenda), the same being generally located at 5455 to 5461 - 4th Street N.E. MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO OPEN THE PULIC HEARING ON L.S. #83-05 BY MICHAEL O'BANNON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:38.P.M. Mr. Deblon stated this property was located on 4th Street right nlext to the freeway. This development had been before the Appeals Commission to obtain four variances. The four variances were approved by the City Council on May 16, 1983. Mr. Deblon stated the struciu4p is a 4-unit building with each unlit having a garage entirely on each individual lot. He stated the structure was to be a condominium, but there were circumstances having to do with the financing, timing, and a delay in setting up a condominium that caused the applicant to apply for a zero lot line request. i PLANNING COMMISSION MEETING, SEPTEMBER 14, 1983 PAGE 2 Mr. Deblon stated that in the City's subdivision regulations, l'there is a zero lot line provision that was adopted in July 1982. This is the first request for such a dwelling over two units. The City has approved zero lot line requests for double bungalows, but this is the first reoLiest for a zero lot line for a four-unit building. However, the subdivision regulations provide for this type of action. Mr. Deblon stated he believed the applicant has discussed further agreements with the four owners about the general use of the green space. He did not think the City's declaration of covenant directly addressed that common green area, but the applicant is considering some type of clause tojaddress that. Ms. Schnabel asked if there was anything in the zero lot line ordinance about minimum square footage of each lot. r. Deblon stated the subdivision regulations say the lots shall be "divided as is reasonably possible with the restrictions in the existing guide A nes the zoning chapter." Mr. Deblon stated there is also some turnback property, and the applicant is willing to accept that turnback property as the process continues. Mr. Kondrick stated that apparently the owner is to execute and record a declaration of covenant with additional restrictions as provided by the City. Had the owner considered a guideline to prevent fences? With 22 ft. widths on the two inside lots, that is pretty narrow. Mr. Ken Thornton and Mr. Steve Butgusaim were representing Mr. O'Bannon. Mr. Thornton stated that from his experience, it was not a concern; but if it is a concern of the City, they can prepare a paragraph that there are to be no fences built without the agreement of all four owners. The only thing he would be concerned about is the party wall agreement whichlIis the same as the FHA. What they would like to do is draw up a paragraph and ask the FHA if it would be appropriate. They had no problem with no fences in the back- yard as long as the FHA would accept it under the party wall Igreement. Ms. Schnabel stated that Mr. Deblon had said the applicant wanted to change this development from condominium to zero lot line four-plex. What was the reason for the change? Mr. Thornton stated he originally wanted to do a townhouse development, but the City's ordinances require five acres, so they couldn't go with the town- house development. Mr. Deblon had suggested condominiums. He stated they had no objection to that. However, to go condominium, the process to get financing was quite lengthy (at least six months) and quite expensive. Since the building has already been built, they have to do something sooner than that. Mr. Kondrick asked what the selling price of each unit would be. r PLANNING COMMISSION MEETING, SEPTEMBER 14, 1983 PAGE 3 Mr. Thornton stated the selling price of each unit is $62,900. Mr. Thornton stated the reason the building was was sitting the way it was was because of the shape of the land and the number of variances required. If the turnback property had been available, they could have set the building more to the west. The Planning Commission members were concerned about the exte for maintenance of the four lots and felt they would like to see some type of association that would take care of the exterior maintenance of the building, the lawn, and cover some of the other concerns such as no fences in the rear yard. Mr. Steve Butgusaim stated the party wall agreement does call for maintenance to be done without detracting from the property, and he felt that covered the concerns the Planning Commission members had. Ms. Schnabel stated she did not think it took care of what happens with the open green space, for instance. Mr. Thornton stated that right now each owner is responsible for his/her own lot area. He stated the owners will do that. The same societal pressures operate here as they do for the single family detached homes. In watching other zero lot line developments (in New Brighton and Coon Rapids , for example) , the properties are taken care of. Mr. Kondrick stated he had no objection to the lot split except for the out- side maintenance. He was afraid they might find one owner mows the lawn shorter than the next owner, one owner mows the lawn infrequently, and maybe one owner has lots of weeds in his/her lawn. He stated he would like to see some kind of common maintenance program. Mr. Butgusaim stated the part of this that bothered him was the word "associa- tion". They could have an association, and it would not be a problem to do so, but it makes for an apples versus oranges situation. He has never heard of a zero lot line townhouse with an association, and he did rot think it would make sense to the government either. It would just con use the situation. When the lenders get the packages and look at them for new mortgages , they do not know how to define this type of situation. A zero lot lire townhouse with an association does not conform with most things that arE on the market. Mr. Thornton stated the party wall agreement was the most acceptable agree- ment in the country for multiple unit type of dwellings. FHA uses it all over the country. Mr. Thornton stated he did not think there was any problem with changing some of the wording in the party wall agreement that no one can build fences, but when they form an association and start to do things collectively, then they are changing from one organization pattern to another and that is where they would run into trouble with the lending institutions. But, this would have to be checked out with the FHA. r PLANNING COMMISSION MEETING, SEPTEMBER 14, 1983 PAGE 4 Mr. Goodspeed stated that the owners of Lots B & C would have to walk through Lots A & D to get to their own backyards with their lawnmowers. Ms. Schnabel stated Mr. Goodspeed had a very good point about Lots B & C needing access to the backyard through the yards of Lots A & D. It was also a good argument against putting in any kind of fencing. Mr. Deblon stated he did not think the subdivision regulations actually addressed the 4-plex; it is geared more toward the double bun,;alow where both owners have side yards. Mr. Butgusaim stated that if they could change the term and call it coopera- tive yard maintenance, that would not constitute an association. -Mr. Thornton stated maybe they could have an attorney write aA efinition for -Cooperative yard maintenance that the lenders would not interpret as a secret way of getting an association. Mr. Thornton stated he thought the point brought up by Mr. Goodspeed about rear yard access was an excellent point. This kind of thingas gone through FHA's all around the country, and it has been applied to the s�, four-unit developments, and this point has never been brought up before. MOTION BY MR. KONDRICK, SECONDED BY MR. GOODSPEED, TO CLOSE THE PUBLIC HEARING ON L.S. #83-05 BY MICHAEL O'BANNON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC 'HEARING CLOSED AT 8:30 P.M. MOTION BY MR. GOODSPEED, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT REQUEST, L.S. #83-05, BY MICHAEL O'BANNON, FOR STAR HOMES, LTD., TO SPLIT LOTS 28, 29, AND 30, BLOCK 11 HAMILTON'S ADDITION TO FRIDLEY PARK, INTO FOUR BUILDING SITES SO THE FOU UNIT BUILDING CAN BE UNDER SEPARATE OWNERSHIPS, THE SAME BEING GENERALLY L ATED AT 5455 TO 5561 - 4TH STREET N.E., WITH THE FOLLOWING STIPULATIONS: 1. THAT THERE BE NO FENCES IN REAR YARD ON INDIVIDUAL LOT LINES; 2. THAT THERE SHOULD BE COOPERATIVE LAWN MAINTENANCE; 3. THAT THERE BE REAR YARD ACCESS EASEMENTS TO ALL PROPERTIES. Mr. Thornton stated they would like to have it worded so as to provide some protection to prevent the access easement from becoming a nuisance. Ms. Schnabel stated that was reasonable and the Planning Comn�ssion had no problem with that. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Deblon stated this lot split request would go to City Council on September 26, 1983. DO[_T►_�CIL. MEETING OF SEPTEMBER 26, 19883 PAGE 11 15. RECEIVING PLANNING COMMISSION MINf]TRS OF SEP'T'EMBER 14 1983. 15 A. SPLIT LOIS 28-30, ' ADDITI TO FRI&E.��. INTO FOM JYJTLQTNG SITES HOMES:SEPARATE OWNERSHIP; 5455-5461 4TH STREET, BY MIKE O'BANNON AND Mr. Flora, Public Works Director, stated originally this development came into the City as a condominum proposal, however , there were delays concerning the financing which caused the applicant to apply for a zero lot line request. Mr. Flora stated the buildings were constructed so they do satisfy the intent of the zero lot line ordinance and the lot is split to give each unit an equitable split of the property. He stated the City has approved zero lot lines for double bungalows, but this is the first request for zero lot lines for a four-unit building. Mr. Flora stated several items were discussed at the Planning Commission meeting regarding maintenance of the buildings and grounds. He stated the Planning Commission recommended approval of the lot spli with the following stipulations: (1) there be no fences in the rear yard on individual lot lines; (2) there should be cooperative lawn maintenance; and (3) there be rear yard access easements to all properties. Mr. Flora noted the Council had received the declaration of 'covenants, conditions and restrictions for this property. He stated the stipulations recommended by the Commission are included. Mr. Flora stated another item which has come up is the petitioner has requested a turn-back of the highway easement to his property. He stated at the time of this request, the City didn't have the docum nt for the turnback, however, it has since been received and there is an ftem for the Council's consideration later this evening to change the legal description to incorporate the property to be turned back to the property a mer. MOTION by Councilman Fitzpatrick to approve the lot split, LS #83-05, subject to the acceptance and execution of the covenant. Further, the three stipulations of the Planning Commission be made a part of the covenant and the excess property, if it is turned back, be accepted by the petitioner. Seconded by Councilman Barnette. Councilman Hamernik questioned if perhaps they may be missing something with the way these units are layed out. Mr. Flora stated the difference is when you are dealing with duplexes, a line can be reasonably drirwm to serve the units. Mr. Qureshi, City Manager, felt the City's concern should bee outside maintenance and it should be fairly uniform. He stated the cov t covers provisions for access and yard and building maintenance. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. COUNCIL MEETING OF SIF:Py- MPER 96, 1983 p MOTION by Councilman Barnette to receive the minutes of the Planning Commission meeting of September 14, 1983 . Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RF.SQ1,U IQN NO 84-1983 AUTHORIZING AND DIRECTING THE SPLITTING OF SPEC A.SSFWMENIM ON PARCELS 1760 AND 2080, Lf�U-T, ADDITION AND REPTATTTNG TNTPI DMAELIZER ADDITION* MOTION by Councilman Fitzpatrick to adopt Resolution No. 84-1983. Seconded by Councilman Schneider. Upon a voice v te, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION N0. 85-19 PBCGRBM MOTION by Councilman Hamernik to a Resolution No. 85-1983. Seconded by Councilman Schneider. Upon a v ice vote, all voting aye , Mayor Nee declared the motion carried unan' usly. 18. RE_SOLI TION NO. 86-1983 CALLING FOR A PUBLIC H—EAR_ING ON A PROPOSAL—'m UNDERTAKE AND FINANCE A COMMERCIAL DEVELnPM NT PF43JECr (FAIR OAKS NORTH PRffiC'1SKYWOOD MALL) Mr. Qureshi, City Manager, stated there is a proposal to revitalize Skywood Mall and to add additional shopping and office space as well as a motel. He stated there is a request for the City to authorize a $7 ,000 ,000 industrial revenue bond to finance this project. Mr. Mark Haggerty stated the existing mall would be added onto both the north and side sides. He stated they have met with neighboring property owners and staff and the structure wouldn't be any higher than two stories. He stated further information regarding this project would be available at the public hearing. Mr. Darwin DeRosier stated he is the owner of Fair Oaks in South Minneapolis and the motel would be Fair Oaks North. MOTION by Councilman Hamernik to adopt Resolution No. 86-1963, and setting the public hearing for October 17 , 1983 . Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RE;SQLUTIQN NO. 87-1983 APPRMDU ASUBDIVISIQN, LOT SPLI - 70 SPLIT LOIS 28, 29, AND 30, BLQa 11, HMILTION'S ADD ITION-'I'm MECHANICSVILLE, INS PAS S A, B, C, AND D, THE SAME BEING 5455-5461 4TH S*MEET N.E. Mr. Flora, Public Works Director, stated if the Council wished to include the turned back property, the descriptions would have to be changed to include the turned back property, the descriptions would have to be changed to include the property from the State which is no longer needed for highway purposes. MOTION by Councilman Fitzpatrick to adapt Resolution No. 87-1983, with the amendment of the description to include the property which the State has turned back and no longer needs for highway purposes. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15 F THU CITY OR DIRECTORATE 00 0 Ld o MEMORANDUM PUBLIC WORKS FRI L Y DATE September 21 , 1983 MEMO NO. 83-69 FROM D.P.W. Planning - Bill Deblon TO ACTION INFO. SUBJECT John Elnra O' Bannon Zero Lot Line Subdivision at 5455 4th Street N.E. Attached is a survey and an amended Declaration of Covenants, Conditions and Restrictions for the above property. The amended Declaration of Covenants contains new provisions that address fences, outside maintenance anj rear yard access easements. WSD/de r 4 O CITY OF F IOLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY , MIN ESOTA 55432 TELEPHONE ( 612)571 .3450 CITY COUNCIL October 24, 1983 ACTION TAKEN NOTICE Star Homes 7691 Central Avenue N.E. Fridley, Mn 55432 On_ September 26, 1983 the Fridley City Council officially approved your request for for a Lot-Split, L.S. #83-v5, to Split Lots 2A, 29. and 30; with the stipulations listed below: Block 11 , Hamilton' s Addition to ridley Park, into four building sites, the same being 5455-61 4th Street N.E. 1 . That there be no fences in rear yard on individual lot lines. 2. That there should be cooperative lawn maintenance. 3. That there be rear yard access easements to all properties. 4. Subject to the acceptance and execution of the covenant. 5. The excess property, if it is turned back, be accepted by the petitioner. If you have any questions regarding the above action, please all the Community Development Office at 571-3450. Sincerely, JER11 /— ROLD BOARDMAN JLB/de City Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with action taken. cc: Mike O' Bannon 5298 Fillmore Street N,E, 7' RESOLUTION NO. 87 — 1983 A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #83-05, TO SPLIT LOTS 28, 29 AND 30, BLOCK 11, HAMILTO •S ADDITION TO MECHANICSVILLE, INTO PARCELS A, B, C, AND D, THE SAME BEING 5455 - 5561 47H STREET Y.E. WHEREAS, The City Council approved a lot split at the September 26 , 1983, meeting, and WHEREAS, such approval was to split Lots 28, 29 and 30, Block 11 , Hamilton's Addition to Fridley Park into four parcels described as follows: Parcel A: All that part of Lots 28, 29 and 30, Block 11, Hamilto 's Addition to Mechanicsville, Anoka County, Minnesota, according to the record plat thereof, except that part taken for highway purposes, describes ac follows: Beginning at the southeast corner of said Lot 28; thence on an assumed bearing of West along the south line of said Lot 28 a distance of 30.97 et; thence North 0 degrees 05 minutes 28 seconds East along the centerline of a party wall and its extension southerly and northerly a distance of 119.52 feet to the north line of said Lot 30; thence North 89 degrees 50 minutes 57 seconds East along said north line a distance of 27.32 feet to the northeast corner of said Lot 30; thence South 1 degree 39 minutes 41 seconds East along the east line of said Lots 28, 29 and 30 a distance of 119.64 feet to the point of beginning. Containing 3,484.30 square feet. Subject to a utility easement over the north 20.00 feet of the south 30.00 feet of said Lot 28.(5455 4th Street N.E.) Parcel B: All that part of Lots 28, 29 and 30, Block 11 , Hamilton's Addition To Mechanicsville, Anoka County, Minnesota, according to the recorded plat thereof, except that part taken for highway purposes, described as follows: Commencing at the southeast corner of said Lot 28 ; thence on an assumed bearing of West along the south line of said Lot 28 a distance of 30.97 feet to the point of beginning; thence continuing West along said south line a distance of 22.10; thence North 0 degrees 09 minutes 44 seconds East along the centerline of a party wall and its extension southerly and northerly a distance of 119.46 feet to the north line of said Lot 30; thence North 89 degrees 50 minutes 57 seconds East along said north line a distance of 21 .95 feet; thence South 0 degrees 05 minutes 28 seconds West along the centerline of a party wall and its extension northerly and southerly a distance of 119.52 i feet to the point of beginning. Containing 2,631.79 square feet. Subject to a utility easement over the north 20.00 feet of the south 30.00 feet of said Lot 28.(5457 4th Street N.E.) Parcel C: All that part of Lots 28, 29 and 30, Block 11 , Hamilton's Addition To Mechanicsville, Anoka County, Minnesota, according to the re orded plat thereof, except that part taken for highway purposes, describes as follows: Commencing at the southeast corner of said Lot 28; thence on an assumed bearing of West along the south line of said Lot 28 a distance of 53.07 feet to the point of beginning; thence continuing West along said south line a distance of 22.20 feet; thence North 0 degrees 22 minutes 37 seconds East along the centerline of a residential party wall and its extension southerly a distance of 63.75 feet; thence North 0 degrees 40 minutes 59 seconds West a distance of 5.81 feet; thence North 0 degrees 12 minutes 59 seconds East along the centerline of a garage party wall and its extension northerly a distance of 45.34 feet to a point on the southerly line of said highway exception; thence North 53 degrees 48 minutes 11 seconds East along said southerly line a distance of 7.66 feet to the north line of said Lot 30; thence North 89 degrees 50 minutes 57 seconds East along said north line a distance of 15.83 feet; thence South 0 degrees 09 minutes 44 seconds West along the centerline of a party wall and its extension northerly and southerly a dista ce of 119.46 feet to the point of beginning. Containing 2,619.75 square feet. Subject to a utility easement over the north 20.00 feet of the south 30.00 feet of said Lot 28.(5459 4th Street N.E.) Parcel D: All that part of Lots 28, 29 and 30, Block 11 , HaLmiltor 's Addition To Mechanicsville, Anoka County, Minnesota, according to the recorded plat thereof, except that part taken for highway purposes, described ai follows: Commencing at the southeast corner of said Lot 28; thence or an assumed bearing of the West along the south line of said Lot 28 a dista ce of 75.27 feet to the point of beginning; thence continuing West along said south line a distance of 54.74 feet to the southwest corner of said Lot 28; thence North 1 degree 35 minutes 38 seconds West along the west line of said Lots 28 and 29 distance of 55.40 feet to the southerly line of said highway exec tion; thence North 19 degrees 59 minutes 07 seconds East along said southerly ine of said highway exception a distance of 26.02 feet; thence North 53 degrees 48 minutes 11 seconds East continuing along said southerly line of said high ay exception a distance of 59.37 feet; thence South 0 degrees 12 minutes 59 seconds West along the centerline of a garage party wall and its extension northerly a distance of 45.34 feet; thence South 0 degrees 40 minutes 59 seconds East a distance of 5.81 feet; thence South 0 degrees 22 minutes 37 seconds West along the centerline of a residential party wall and its extension southerly a distance of 63.75 feet to the point of beginning. Containing 5,1 8.62 square feet. Subject to a utility easement over the north 20.00 feet of the south 30.00 feet of said Lot 28.(5461 4th Street N.E.) Together with that part previously taken for highway purposes to be added to Parcel C and D, described as follows: All that part of Lots 29 and 30 , Block 11 , Hamilton' s Addition to Mechanicsville, Anoka County, Minnesota, according to the recorded plat thereof, taken for highway purposes, decreibed as follows: Commencing at the northeast corner of said Lot 30; thence South 8S, degrees 50 minutes 57 seconds West, assuming the south line of Lot 28, of said Lot 11 bears West, along the north line of said Lot 30 a distance of 65.10 feet to the existing southerly right-of-way line of said highway and the point of beginning of the land to be described; thence South 53 degrees 48 minutes 11 seconds West along said right-of-way line a distance of 67.03feet; thence South 19 degrees 59 minutes 07 seconds West continuing along said right-of-way line a distance of 26.02 feet to a point on the west line ofaid Lot 29, thence North 1 degree 35 minutes 38 seconds West along the northe ly extension of the west line of said Lot 29 a distance of 39.60 feet; thence North 42 degrees 50 minutes 16 seconds East a distance of 17.00 feet ; thence North 66 degrees 34 minutes 31 seconds East a distance of 30.00 feet to a point on the westerly extension of the north line of said Lot 30; thence North 89 degrees 50 minutes 57 seconds East along said westerly extension a distance of 25 .00 feet to the point of beginning. Containing 1,202.70 square feet. WHEREAS, such approval will allow the creation of 4 zero lot line, common wall dwellings on the site. WHEREAS, THE City has received the required Certificate of Surve from Star Homes, Ltd. NOW, THEREFORE BE IT RESOLVED, that the City Council directs thCounty of Anoka to record this lot split within six months of this approval eOr else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF SEPTEMBER, 1983. WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERK 2/8/9/3 t . STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS CITY OF FRIDLEY In the Matter of Lot Split, L.S. #83-05 to make four building sites (a four-Plex) PLAVLOT SPLIT to be owner-occupied at 5455-61 4th Street N.E. Michael & Olivia O'Bannon Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th , day of September 1983 , on a petition for a plat pursuant to the City of Frid ey s Platting Ordinance, for the following described property: Lots 28, 29, and 30, Block 11 , Hamilton' s Addition to Fridley Park IT IS ORDERED that a plat be granted as upon the following conditions or reasons: Asper attached minutes of the City Council and a letter dated October 24, 1983 on file at City Hall STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Sidney C. Inman, City Clerk for the City of Fridley with an in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a plat with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the C't of Fridley, Minnesota, in the County of Anoka on the day of ��� 19 �3 . DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SIDNEY C. NMAN, ,CITY ,CLERK (SEAL) t � I OFFICKOF ANOKA COUNTY RECORDER Ted J.Omdahl, Recorder The enclosed is being returned unrecorded for the following: Recording fee of due(Payable to County Recorder) Delinquent tax not paid(Payable to County Treasurer) No State Deed Tax stamps(Payable to County Treasurer) No Statement of State Deed Tax Due No Draftsman's Statement Marital status not shown Signatures not complete(spelling; body and acknowledgment not same as signature) Recording information not completed Acknowledgment not complete(expiration of commission,etc.) No notarial seal or stamp No corporate seal Date of instrument and acknowledgment should be inserted XLegal description faulty ori s Mortgage Registration Tax of due (Payable to County Treasurer) Certificate of Real Estate Value(Items: ) Document is not legible.Better copy required. Name and address of grantee or other person acquiring or claiming an interest No Affidavit of Purchaser of Registered Land (Owner's-Mortgagee's)Duplicate Certificate of Title required Should be filed in County k�/C- ///} ri€- /V D L Ted J.Omdahl County Recorder Anoka,Mn.55303 DECLARATION_OF_COVENANTS ,_CONDITIONi AND RESTRICTIONS THIS DECLARATION made this day of �-c c-c �..i b i► 19 by Star Homes , Ltd . , a Minnesota corporation , hereinafter referred to as "Declarant" . WITNESSETH : WHEREAS , Declarant is the owner in fee simple of certain real property situated in the County of Anoka , State of (Minnesota , legally described as follows : That part of Lots 28, 29 and 30, Block 11, Hamilton's Addition to Mechanicsville lying westerly of a line drawn from a point on the north line of said Lot 30 distant 71.02 feet west from the northeast corner of said Lot 30 to a point on the south line of said Lot 28 distant 75.27 feet west from he southeast corner of said Lot 28 WHEREAS , Declarant intends to establish a four family residential unit on the aftesaid properties ; NOW THEREFOR, Declarant hereby declares to thelCity of Fridley that all of the properties described above shall be held , sold and conveyed subject to the following easements , restrictions , covenants and conditions which are for the purpose of protecting the value and desirability of these properties , and which shall run with the real property and be binding on all parties having any right , title or interest in the described properties or any partthereof , their heirs , successors and assigns and shall inure to the benefit ofl each owner , thereof and to the City of Fridley , Minnesota . _l_ i ARTICLE I DEFINITIONS For the purpose of this Declaration, the following terms shall have the meanings herein ascribed to them: Section 1. "Living Unit" shall mean and refer to any portion of a residence building situated upon the properties designed and intended to use and occupancy as a residence by a single family. Section 2. "Lot" shall mean and refer to any portion of land in the properties upon which a Living Unit is situated, whether or not the same is a platted It Se . tion 3 "Owner" shall mean and refer t: the Section 0 record owner, whether one or more persons or entitis, of a fee simple title to any Lot which is a part of the :roper- ties, including contract sellers and vendees, but excluding those having such interest merely as security for the per- formance of an obligation, and excluding those having a lien upon the property by provision or operation of law. Section 4. "Properties" shall mean and refer to the real property hereinbefore described. ARTICLE II BUILDING AND USE RESTRICTIONS Section 1. Residential Use. No Lot or Living Unit shall be -used except for residential purposes. Section 2. No Noxious Activity. No noxio s or offensive activities shall be conducted on any Lot r -2- Living Unit, nor shall anything be done thereon which may be or become an annoyance or nuisance to other Owners or to the City of Fridley. Section 3. Garbage and Refuse Removal. NolLot shall be used or maintained as a dumping ground for rub- bish. Trash, garbage or other waste shall not be kept except in sanitary containers. Section 4. No Animals Except Pets. No fowl, animals or insects shall be kept on any Living Unit r Lot except dogs, cats or other common household pets, pr vided that they are not kept, bred or maintained for any commer- cial purposes. Section 5. Prohibited Structures. No structure of a temporary character, trailer, basement, garage or other building except a permanent residence, shall be used on any Lot at any time as a residence, either tempor rily or permanently. No fences or other structures shall be erected between adjoining Lots. Section 6. Hazardous Activities Prohibited. No Owner shall engage in or permit any activities in his/her Living Unit, or maintain or permit any conditions in his/her Living Unit, which should be considered extra- hazardous by fire insurance companies or would adver ely affect the insurability of the Living Unit which shares a party wall with ,his/her Living Unit. -3- ARTICLE III PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as part of the original construction of any Living Unit upon the properties and placed on the dividing line between two (2) Living Units shall constitute a party wall and to the extent not inconsistent with the provisions of this Article the general rules of law regarding party walls and of liability for property amage due to negligent or willful acts or omissions shall apply thereto. Section 2. Shares of Repair and Maintenance. The cost of reasonable repair and maintenance of each party wall shall be shared by the Owners who make use of the wall in proportion to their ownership and use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or �ther casualty or by physical deterioration, any Owner wh has used the wall may restore it and shall have an ease ent over the adjoining Living Unit for purposes of makig such restoration, and if other Owners thereafter make us of the wall they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, how' ever, to the right of any such Owner to call for a larger contribution from other Owners under any rule of law regarding liability for negligent or willful acts o omissions. -4- Section 4. Weatherproofing . Notwithstandi g any other provision of this Article, any Owner who by hi /her negligent or willful act, causes any party wall to b exposed to the elements or excessive heat or cold shall bear the whole cost of furnishing the necessary protection against such elements or heat or cold, and of repairing the party wall from damage caused by such exposure. Section 5. Right to Contribution Runs with Land . The right of any Owner to contriubtion from any other Owner under this Article shall be appurtenant to the Lot and shall pass to such Owner ' s successors in title. Section 6. Arbitration. In the event of any dis- pute arising concerning a party wall, or under the provi- sions of this Article , each party shall choose one a bitra- for and such arbitrators shall choose one additional arbitrator, and the decision of a majority of all th arbitrators shall be final and conclusive of the que tion involved. If any party refuses or fails to promptly appoint an arbitrator, . the same may be appointed by iny judge of the District Court, Anoka County, Minnesota Arbitration shall be in accordance with the rules of the American Arbitration Association. Section 7. Encroachment. If any portions of a Living Unit or any Lot shall actually encroach upon any other Lot, or if any such encroachment shall hereinafter arise because of settling or shifting of the buildin or i -5- other cause, there shall be deemed to be an easement in favor of the owner of the encroaching Living Unit to the extent of such encroachment so long as the same shalL exist. Section 8. Mechanics Liens. Each Owner of a Living Unit ( "Defaulting Owner") agrees to indemnify and hold harmless the Owner of an adjoining Living Unit or any mechanics ' liens arising from work done or material supplied to make repairs or replacements for which the Defaulting Owner is responsible. ARTICLE IV OTHER PROVISIONS GOVERNING RELATIONSHIP AMONG OWNERS OF ADJOINING LIVING UNITS Section 1. Insurance-Replacement. Each Owner shall maintain fire and extended coverage insurance 7 his/her Living Unit in the full replacement cost thereof and shall, in the event of damage to or destruction of his Living Unit, restore it to the condition in which it was prior to the damage or destruction and each Owner shall file a copy of said policy of insurance with the other parties sharing the "Party Wall" . Section 2. Maintenance. Each Owner of a Living Unit shall maintain his/her Lot, and the exterior of his/her Living Unit in good condition -and repair and in a clean and neat condition and subject to all the conditions hereinafter set forth in Section 3 and in accordance with all City Codes and ordinances. All Owners shall act in a cooperative manner regarding all yard maintenance to insure -6- uniformity in the maintenance and landscaping of thelLots. Section 3. Architectural Control. (a) The Owner of a Living Unit may replace exterior components of his/her Living Units with similar components of the same design and color, and may paint the exterior of his/her Living Unit with paint of the existing color of the exterior, but he/she may not, either in the course of ordinary replace- ment or remodeling or restoration after damage or destruc- tion, employ different siding or roofing material or a different color scheme, without the consent of the Owner of the adjoining Living Unit and of the City Council of the City of Fridley. (b) In the event of any dispute arising con- cerning a change in siding or roofing material or color scheme, each party shall choose one arbitrator, and the decision of a majority of all the arbitrators shall be final and conclusive on the question involved. The 'J r L �(('�-�:, I'll ttA « Arbitrators ' decision^of' whether the proposed siding or roofing material or color scheme is in harmony with the design of the adjoining Living Unit. If any party refuses or fails to promptly appoint an arbitrator, the same may be appointed by any judge of the District Court, Anoka County, Minnesota. Arbitration shall be in accordance with the rules of the American Arbitration Association. The Fost of arbitration shall be borne equally by the parties. (c) The City of Fridley shall be notified in -7- writing at least 30 days prior to any arbitration hearing and shall have the right to present evidence regarding any architectural disputes in order to protect the health, safety and general welfare of its residents and the property values of the neighborhood. Section 4. Easements. Each Owner shall have an easement to all Lots for the purpose of ingress and egress and also for the purpose of general recreational use of the Lots, such recreational use excluding any behavior or actions which would be an annoyance or nuisance to other Owners. ARTICLE V GENERAL PROVISIONS Section 1. Enforcement. Any Owner or the City of Fridley shall have the right to enforce, by any proceeding at law or in equity, or both, all of the terms and provi- sions of Article II and Article IV of this Declaration, and the Owner of the Living Unit involved shall have the right to enforce, by any proceedings at law or equity, or �oth, all of the terms and provisions of Article III and IV of this Declaration. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any convenant either to restraint violation or to recover damages. The City of Fridley shall not be entitled to recover damages but may obtain an injunction or restraining order to protect the public -8- health, safety and general welfare. Section 2. Severability. Invalidation of any of these covenants by judgment or court order shall in No way affect any of the other provisions, which shall remain in full force and effect. Section 3. Amendments. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these convenants are recorded, after which time said convenants shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then Owners of the Lots and approved by the City Council of the City of Fridley has been recorded, agreeing to change said covenants in thole or in part. IN WITNESS WHEREOF, the undersigned, being the Declarants herein have caused these presents to be eiecuted in — its; name this ' Peday of --Dz � _star Homes . Ltd . Its Chief Financial Officer -9- STATE OF MINNESOTA) ) ss . COUNTY OF ANOKA ) On this / day of /,(,C,Qy,✓��`�/ , 19X?, before me a Notary Public within and for said County , personally appeared Kenneth Thornton the Chief Financial Officer of Star Homes , Ltd . , a Minnesota ,Corporation on behalf of the Corportiona , to me personlly known who , being by me duly sworn , did say that he is the Declarant named in the foregoing instrument and that he acknowledges said instrument to be of his own free act . v�nnnnM� �TAY ANOKA - MINNYSOTA Notary P U t i c ANOKA COUNTY '- Vy Comroias om Esait�s MoY 2E,19b6 "rte` CITY OF FRIDLEY BY: tLa& ` A, — Its Mayor 1 3y: �' Al — —s ' * Its City Manager STATE OF MINNESOTA ) ) ss . COUNTY OF ANOKA ) On thisp�//1.f' day of Q�R�Ce�lrr�"`-'!/ , 1973 before me a Notary Public within and for said County personally appeared r and -2z (��-v, � .c4zu to me personally known, who , being each by me duly sworn , did say that they are respectively the Mayor and City _ . ., Manager of the City of Fridley , Minnesota, the municipal -10- corporation named in the foregoing instrument, and that the seal affixed to said instrument is the seal of said munici- pality, and that said instrument was signed and sealed in behalf of said municipality by authority of its Council, and said L().(.� Ccz.L. and T acknowledged said instrument to be the free act of said municipality. Notary Pu 1c �MJMN� " SHIRLEY A. HMPALA NOTARY PUBLIC-MINNESOTA ANOKA COUNsY28 1986 MY C0mmission ExW � -11- STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS CITY OF FRIDLEY In the Matter of Lot Split, L.S. 183-05 to make four building sites (a four-Plex) PLAVLOT SPLIT to be owner-occupied at 5455-61 4th Street N.E. Michael & Olivia O'Bannon Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th , day of September 1983 , on a petition for a plat pursuant to t�Te City of Fridley's PlattiFg Ordinance, for the following described property: Lots 28, 29, and 30, Block 11 , Hamilton ' s Addition to Fridley Park IT IS ORDERED that a plat be granted as upon the following conditions or reasons: Asper attached minutes of the City Council and a letter dated October 24, 1983 on file at City Hall STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Sidney C. Inman, City Clerk for the City of Fridley with an in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a plat with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the Ct' of Fridley, Minnesota, in the County of Anoka on the 51 day of , 19 S DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 �SIDNEYTY CLERK (SEAL) QXXII, MFETIM OF SEPIUSM 26, 1983 I%GP 11 15. RECEIVING PIANNING COMMISSION MINUTES OF SEP=ER 14, 1983 15 A. - BAMILTON'S ADDITION 70 F LEY PARK, INIO FOUR NJTT.DTW,3 RITES FOR SEPARATE ORUWHIP; 5455-5461 4TH STREET, BY MIKE 015ANMN AND Mr. Flora, Public Works Director, stated originally this development came into the City as a condominum proposal, however , there were delays concerning the financing which caused the applicant to apply for a zero lot line request. Mr. Flora stated the buildings were constructed so they do atisfy the intent of the zero lot line ordinance and the lot is split t give each unit an equitable split of the property. He stated the City h s approved zero lot lines for double bungalows, but this is the first requ st for zero lot lines for a four-unit building. Mr. Flora stated several items were discussed at the Planning Commission meeting regarding maintenance of the buildings and grounds. He stated the Planning Commission recommended approval of the lot spli with the following stipulations: (1) there be no fences in the re r yard on individual lot lines; (2) there should be cooperative lawn main enance; and (3) there be rear yard access easements to all properties. Mr. Flora noted the Council had received the declaration of 'covenants, conditions and restrictions for this property. He stated the stipulations reconm-ended by the Commission are included. Mr. Flora stated another item which has come up is the petitioner has requested a turn-back of the highway easement to his property. Be stated at the time of this request, the City didn't have the docum nt for the turnback, however, it has since been received and there isan i em for the Council's consideration later this evening to change the legal scription to incorporate the property to be turned back to the property er. MDTION by Councilman Fitzpatrick to approve the lot split, LS #83-05, subject to the acceptance and execution of the covenant. Further, the three stipulations of the Planning Commission be made a part of the covenant and the excess property, if it is turned back, be accepted by the petitioner. Seconded by Councilman Barnette. Councilman Hamernik questioned if perhaps they may be missin something with the way these units are layed out. Mr. Flora stated the difference is when you are dealing with duplexes, a line can be reasonably drawn to serve the units. Mr. Qureshi, City Manager, felt the City's concern should be the outside maintenance and it should be fairly uniform. He stated the covtnant covers provisions for access and yard and building maintenance. UPON A VOICE VOTE TAKEN ON THE ABOVE MDTION, all voted aye, and Mayor Nee declared the motion carried unanimously. IL MFFTTII; OF SEP76, 1983 P � MOTION by Councilman Barnette to receive the minutes of the Planning Commission meeting of September 14, 1983 . Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESSDIA)TION NO. 84-1983 AUT'I-URIZING AND DIRECTING THE SpT.ITTING OF spEcTAT, ASSFZQ07I=. ON PARCEL 1760 AND 2080 L[xrFU ADDITION, AND RELATTIIC TNM I M/-WFJJ1iE t ADDITION• MOTION by Councilman Fitzpatrick to adopt Resolution No. 84-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RFSOLUTIONS N0. 85-1983 ALrrH0RIZI1G A TRUST AGREEMENT WITH ICMA EFTIREMENT OORPORATION AS AMULM AND APPOINTING A COORDINATOR FOR THF PICGR M MOTION by Councilman Hamernik to adopt Resolution No. 85-1963. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOJU TION N0. 86-1983 CALLING FOR A PUBLIC HEAgING ON A PROPOSAL TO UNDERTAKE AND FINANCE A COMERCIA: DEVELQPirLF.N_T' PRaJECT (FAIR OAKS IURTH PROJECT/SKYWQQD MALL) : Mr. Qureshi, City Manager, stated there is a proposal to revitalize Skywood Mall and to add additional shopping and office space as well as a motel. He stated there is a request for the City to authorize a $7 ,000 ,000 industrial revenue bond to finance this project. Mr. Mark Haggerty stated the existing mall would be added onto both the north and side sides. He stated they have met with neighboring property owners and staff and the structure wouldn't be any higher than two stories. He stated further information regarding this project would be available at the public hearing. Mr. Darwin DeRosier stated he is the owner of Fair Oaks in South Minneapolis and the motel would be Fair Oaks North. MOTION by Councilman Hamernik to adopt Resolution No. 86-1983, and setting the public hearing for October 17 , 1983 . Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO, 87-1983 APPROVING A SUBDIVISION. LET SPLIT, L.S. #83-05, 70 SPLIT LO'T'S 28, 29, AND 30, ELM 11, HAMILTON'S ADDITION TO MECHANICSVILE, INTO PARCELS A, B C, AND D, THE SAME BEING' 5455-5461 4TH STREET N.E.• Mr. Flora, Public Works Director, stated if the Council wished to include the turned back property, the descriptions would have to be changed to include the turned back property, the descriptions would have to be changed to include the property from the State which is no longer needed for highway purposes. MOTION by Councilman Fitzpatrick to adapt Resolution No. 87-1983, with the amendment of the description to include the property which the State has turned back and no longer needs for highway purposes. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.